Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).

Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.

Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).

In South Carolina, wrongful death claims are governed by statutes outlined in Title 15, Chapter 51 of the South Carolina Code of Laws. These claims allow the estate of the deceased person to file a lawsuit against the party whose negligent, reckless, or intentional actions are believed to have caused the death. The lawsuit must be filed by the executor or administrator of the deceased's estate. The damages recovered can include funeral and burial expenses, lost wages and benefits, loss of the deceased's experience, knowledge, and judgment, and loss of companionship for the surviving family members. The beneficiaries of such a claim typically include the spouse and children of the deceased, or if there are none, the parents or heirs of the deceased. The statute of limitations for filing a wrongful death claim in South Carolina is generally three years from the date of the person's death. It is important for those considering such a claim to consult with an attorney to understand the specific nuances and requirements of South Carolina law regarding wrongful death actions.